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11/03/2015
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11/03/2015
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The proposed zoning prevents freedom of speech and he noted that the numbers of acres are <br /> insufficient as determined by the federal courts. He questioned why sexually oriented busses <br /> are a permitted business and do not require a conditional use permit. He recommended that the <br /> board review this information before they pass a law that will be further disputed. The exhibits <br /> were accepted for the record. <br /> Schuppan made a motion and Richardson seconded to close the public hearing on the zoning <br /> amendments. Arnold, Lancaster, Lanfear, Purdy, Quandt, Richardson and Schuppan all voted <br /> yes and none voted no. Motion carried. <br /> Mr. Valentino stated that Mr. Spencer's testimony should be accepted as a member of the <br /> public because he does not have a license to practice law in the state of Nebraska. He has <br /> special rights in US District Court to represent Mr. Harrington in lawsuits that have been filed. <br /> To his knowledge there are no current cases in the court of appeals against Seward and Hall <br /> County. To his knowledge there are no cases in the Court of Appeals. He is presenting the <br /> other side of the story. Mr. Valentino expressed concern on the personal attacks on attorneys <br /> they are not appropriate and they do not give advice on what they want to hear. Most attorneys <br /> are honorable and give legal advice based on the law especially in the 8th Circuit Court of <br /> Appeals. He is not aware of any specific study that was done on the club in Waverly. There is <br /> a lack of regulatory authority on these businesses and they need to be updated. The business <br /> models that are present in Waverly are different in Lincoln and Omaha. If the board uses <br /> common sense on what is to be accomplished regarding adult business and do that on what <br /> has been presented by the particular experts that you can rely on he would encourage the <br /> board to adopt the amendments to the resolution that was adopted in 2004. <br /> Chairman Arnold stated the public hearing on the ordinance was recessed and the public <br /> hearing on the zoning amendments was closed so this is discussion. <br /> 7) CONSIDERATION AND POSSIBLE ACTION UPON RESOLUTION TO ADOPT PROPOSED <br /> ZONING REGULATION AMENDMENTS REFERENCED IN PRECEDING AGENDA ITEM. <br /> Lancaster made a motion and Richardson seconded to proceed to final adoption of the <br /> proposed zoning regulation amendments, pursuant to Article 10, Section 10.01 of the Hall <br /> County Nebraska Zoning Resolution #04-0020, concerning provisions relating to adult <br /> establishments and remedies by adoption of Resolution No. 15-067. <br /> Chairman Arnold called for discussion and there was none. He stated that Mr. Valentino was <br /> hired to make sure that the board stayed in compliance with the rules and regulations. <br /> The vote on the motion was taken. Arnold, Lancaster, Lanfear, Purdy, Quandt, Richardson <br /> and Schuppan all voted yes and none voted no. Motion carried. <br /> Shane Harrington and Evan Spencer objected! Chairman Arnold called them out of order. <br /> 7 <br />
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